AHMAD ALI vs EBRAR KHAN S — 2021 PCrLJ 1878 PESHAWAR-HIGH-COURT

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AHMAD ALI VS EBRAR KHAN S. 512---Qanun-e-Shahadat (10 of 1984), Art. 47---Recording of evidence in absence of accused---Relevance of certain evidence for proving, in subsequent proceeding, the truth of facts therein---Scope---Complainant assailed the acceptance of an application moved from defence side for transposition of the entire evidence earlier recorded in previous trial of the acquitted co-accused---Bare reading of S. 512, Cr.P.C. showed that when a person had absconded and there was no immediate prospect of his arrest and the offence for which he was charged was punishable with death or imprisonment for life, the Court could examine the witness produced by the prosecution and record his deposition and when the accused was arrested, then at the stage of trial, if any of such witnesses was not available being dead or could not be found or was incapable of giving evidence or his attendance could not be obtained without an amount of delay, expense or inconvenience and when the matter between the same parties, then the statements recorded under S. 512, Cr.P.C., could be accepted in the evidence---Plain reading of the Art. 47 of the Qanun-e-Shahadat, 1984, indicated that the evidence given by any witness in an earlier judicial proceedings was relevant for the purpose of its proving in proceedings at a later stage provided that (a) witness was dead; or (b) could not be found; or (c) incapable of giving evidence; or (d) was kept out of the way by the adverse party; or (e) his presence could not be obtained without any amount of delay or expenses---None of the conditions mentioned in the Art. 47 of the Qanun-e-Shahadat, 1984, was satisfied before transposition of the statements recorded under S. 512, Cr.P.C.---While allowing the application of the accused, only the acquittal of co-accused was taken into consideration---If the decision was to be based on previous evidence without satisfying the conditions mentioned in Art. 47 of the Qanun-e-Shahadat, 1984, then accused should not have been arrested and should have been acquitted in absentia---Impugned order was queer and made in haste, therefore, the same was set aside.

AHMAD ALI vs EBRAR KHAN S — 2021 PCrLJ 1878 PESHAWAR-HIGH-COURT

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